What is the test for "plain error" in admitting a witness testimony in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rivera, 43 F.3d 1291 (9th Cir. 1995):
In the present case, Rivera objected to the testimony as without sufficient foundation and as "totally subjective." He failed to object on "improper bolstering" grounds. Accordingly, this court reviews the district court's admission of the testimony for "plain error." A plain error is a highly prejudicial error affecting substantial rights, and is found only in exceptional circumstances. United States v. Kessi, 868 F.2d 1097, 1102 (9th Cir.1989).
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